Collective Commentary about the New Package Travel Directive

Transposition of the Directive (EC) 2015/2302 into Estonian Law Irene Kull 1 1. Introduction; 2. The course of the legislative process related to the implementation of Directive (EU) 2015/2302 in Estonian Law; 3. Distinctive features of the implementation of Directive 2015/2302 in Estonian Law; 3.1. Scope of application; 3.2. Subjects to the travel package contract; 3.3. Pre-contractual and contractual information obligations in package contract; 3.4. Alteration of contract terms and transfer of the contract; 3.5. Termination of the travel package contract before the start of the package; 3.6. Liability for the performance of the package and available remedies; 3.7. Insolvency protection; 4. Assessment of the correctness of the implementation; 5. Conclusion. 1. INTRODUCTION On July 1 st , 2018, the new Package Travel Directive 2 , adopted on 25 November 2015, became applicable in all Member States. After the adoption of the previous Directive 90/314/EEC, considerable changes on the travel market took place and the new directive’s aim was to establish the legislative framework more suitable for the internal market, to remove ambiguities and to close legislative gaps 3 . Before adapting new Directive package travel was regulated in two legal 1 University of Tartu, School of Law, Estonia. 2 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/ 83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, OJ 2015, L 326/1. Hereinafter referred as ‘Directive’. 3 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, OJ 1990, L 158/59. See Recital 1 and 2 of the preamble of this Directive.